London transport’s ban on anti-gay ad put in doubt by court of appeal – The Guardian

‘A London transport ban on a Christian charity’s posters suggesting gay people can “move out of homosexuality” has been put in doubt by a court of appeal judgment that ordered an investigation into whether the mayor, Boris Johnson, acted “for an improper purpose”.’

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The Guardian, 27th January 2014

Source: www.guardian.co.uk

Children: Public Law Update – Family Law Week

‘John Tughan, barrister of 4 Paper Buildings, analyses recent judgments in public law children cases and, in particular, the Re B-S line of authorities.’

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Family Law Week, 24th January 2014

Source: www.familylawweek.co.uk

Statement by the Joint Advocacy Group on changes to the Quality Assurance Scheme for Advocates (QASA) – Bar Standards Board

Posted January 27th, 2014 in advocacy, barristers, news, quality assurance by sally

‘Following the handing down of the judgment on Monday 20 January 2014, the Bar Standards Board, the Solicitors Regulation Authority and ILEX Professional Standards, have discussed the practical consequences of the outcome. In particular, they have considered whether a revision to the current registration timetable is required and the recommendations to amend the Scheme outlined in the judgment.’

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Bar Standards Board, 27th January 2014

Source: www.barstandardsboard.org.uk

Gay couple threaten to sue UK government over same-sex marriage – The Guardian

Posted January 27th, 2014 in civil partnerships, divorce, equality, homosexuality, human rights, marriage, news by sally

‘A gay couple from Barnsley are threatening legal action against the government after discovering they will not be able to marry on 29 March, when the Marriage (Same Sex Couples) Act comes into force, because they are already in a civil partnership.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Way cleared for family’s challenge over ‘do not resuscitate’ orders – The Guardian

‘Appeal court judges have cleared the way for a family to continue their legal challenge over the way decisions are made not to attempt resuscitation of critically ill patients in England.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Reed Employment Ltd v Revenue and Customs Comrs – WLR Daily

Posted January 27th, 2014 in appeals, equality, HM Revenue & Customs, law reports, repayment, time limits, tribunals, VAT by sally

Reed Employment Ltd v Revenue and Customs Comrs [2014] EWCA Civ 32; [2014] WLR (D) 23

‘Section 80(3) of the Value Added Tax Act 1994, as inserted, which gave the revenue a possible defence of unjust enrichment for claims made after 26 May 2005 for the recovery of overpaid VAT, without regard to the period in respect of which the claim was made, was not unlawful.’

WLR Daily, 23rd Janaury 2014

Source: www.iclr.co.uk

Regina v Proctor – WLR Daily

Posted January 27th, 2014 in appeals, judicial review, law reports, sexual offences prevention orders by sally

Regina v Proctor [2014] WLR (D) 22

‘When a sexual offences prevention order was made against an offender without a sufficient basis, it was not, prior to quashing, a nullity. Where such an order was made in relation to a person already subject to a sexual offences prevention order, the earlier order ceased to have effect, pursuant to section 107(6) of the Sexual Offences Act 2003, despite the second order having been made without a sufficient basis.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Vidal-Hall and others v Google Inc – WLR Daily

Vidal-Hall and others v Google Inc [2014] EWHC 13 (QB); [2014] WLR (D) 21

‘A claim for misuse of private information was a tort within the meaning of para 3.1(9) of Practice Direction 6B—Service out of the jurisdiction.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Helman v Keepers and Governors of the Possessions, Revenues and Goods of the Free Grammar School of John Lyon – WLR Daily

Helman v Keepers and Governors of the Possessions, Revenues and Goods of the Free Grammar School of John Lyon [2014] EWCA Civ 17; [2014] WLR (D) 20

‘Where the tenant of a long lease became bankrupt, a notice claiming to exercise the right of enfranchisement, pursuant to Part I of the Leasehold Reform Act 1967, served in the name of the bankrupt tenant by a receiver, appointed by a sub-chargee of the property, was invalid as by the time the notice was served the tenant was no longer the tenant as his tenancy had vested in his trustee in bankruptcy.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Whole-life sentences ‘can be imposed despite European court’s objections’ – The Guardian

Posted January 27th, 2014 in appeals, attorney general, human rights, news, sentencing by sally

‘Whole-life sentences can still be imposed on serious and serial offenders despite objections from the European court of human rights, the court of appeal has been told.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Taj Mahal Hotel injury claim allowed to proceed in English courts – UK Human Rights Blog

Posted January 27th, 2014 in choice of forum, duty of care, India, jurisdiction, news, personal injuries, terrorism by sally

‘This sad case arose out of the 2006 terrorist attack on the Taj Mahal Palace, Mumbai, India. The claimants, who had spent 15 days backpacking around Goa, decided to treat themselves to one night of luxury at the hotel before they were due to fly home from Mumbai. Shortly after the attack began the claimants hid in their room, locked the door and turned off the lights. Some hours later they tried to escape through the window. Their room was on the third floor of the tower part of the hotel. They tied together sheets, curtains and towels to make a rope. They hung it outside their room and the first claimant went first. The “rope” came apart and he fell to the ground suffering serious spinal injuries which have left him paraplegic. The second claimant was rescued subsequently. She did not suffer physical injuries but claims for continuing psychiatric consequences.’

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UK Human Rights Blog, 24th January 2014

Source: www.ukhumanrightsblog.com

Ian Brady’s bid for transfer to jail rejected for his own safety – The Guardian

‘Moors murderer Ian Brady’s bid to be transferred from hospital to jail was rejected for his own health and safety, a judge said on Friday.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Two jailed for Twitter abuse of feminist campaigner – The Guardian

Posted January 27th, 2014 in compensation, harassment, internet, news, sentencing, threatening behaviour by sally

‘Two people were jailed on Friday for subjecting feminist campaigner Caroline Criado-Perez to abuse on Twitter.

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Media can refuse subject access requests if complying could jeopardise stories, says ICO – OUT-LAW.com

‘Newspapers and other media groups can refuse individuals’ requests for access to the personal data those organisations hold about them where the disclosure of that information could jeopardise future stories, the Information Commissioner’s Office (ICO) has said.’

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OUT-LAW.com, 27th January 2014

Source: www.out-law.com

Law could be changed to allow fracking below houses without owners’ permission – The Independent

Posted January 27th, 2014 in compensation, consent, energy, environmental protection, news, trespass by sally

‘Ministers are reportedly reviewing laws that would allow fracking to be carried out underneath houses without the permission of the owners.’

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The Independent, 26th January 2014

Source: www.independent.co.uk

Sixty victims of loan sharks in witness protection – The Guardian

Posted January 27th, 2014 in enforcement, interest, intimidation, loans, news, threatening behaviour, victims, witnesses by sally

‘Sixty victims of loan sharks are in witness protection, according to the country’s leading official tasked with breaking the cycle of fear, intimidation and violence trapping families who have borrowed money from illegal lenders.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Upper Tribunal on bedrooms – NearlyLegal

Posted January 27th, 2014 in appeals, benefits, carers, housing, interpretation, local government, news, tribunals by sally

‘There has been some excited talk about an Upper Tribunal decision on a Local Housing Allowance appeal which apparently offered a definition of ‘bedroom’. Obviously, as an Upper Tribunal decision, this would be binding on First Tier Tribunals, even though addressing LHA rather than the bedroom tax.’

Full story

NearlyLegal, 26th January 2014

Source: www.nearlylegal.co.uk

High Court slams council for “act of retaliation” against PI law firm which sued it – Legal Futures

‘A local authority’s refusal to offer a law firm tenant a new lease was “an act of retaliation, pure and simple”, to punish the firm for bringing personal injury claims against it, the High Court found last week.’

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Legal Futures, 27th January 2014

Source: www.legalfutures.co.uk

Sheffield ‘crash-for-cash’ ringleaders jailed – BBC News

Posted January 27th, 2014 in accidents, fraud, insurance, news, sentencing by sally

‘Two men have been jailed for orchestrating a series of “crash-for-cash scams”, including one involving a bus with up to 40 passengers on board.’

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BBC News, 24th January 2014

Source: www.bbc.co.uk

Judge pleads for warring family to end £1m legal dispute – Daily Telegraph

Posted January 27th, 2014 in children, costs, divorce, fees, financial dispute resolution, judges, news by sally

‘Judge Nicholas Francis QC says “untold misery” has resulted from the courtroom battle between Susan and Richard Shield and their children over who owns shares in the family’s RA Shield Holdings company’

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Daily Telegraph, 24th January 2014

Source: www.telegraph.co.uk